Information Express Forum 1, 25 February 2010.

1. Sustainable Planning Act2009

2. What will be covered? True prohibitions Standard scheme provisions Deemed approvals Properly made application notices Changing an application or approval Reviving lapsed applications

3. What will be covered? Missed referrals Building and Development Dispute Resolution Committees Access for works Changes to compensation and applications under superseded planning schemes Transitional provisions

4. Why have a SPA? Improved planning, accountability, coordination, integration and efficiency Focus on sustainable outcomes More flexibility Reduction in IDAS timeframes Faster development on the ground Fast-track assessment processes for simple applications

5. In Truth An amended IPA

6. True Prohibitions Prohibited development – what is it? SPA Sch 1 = consolidated list Standard planning scheme provisions (planning schemes, structure plans, TLPIs) State planning regulatory provisions

7. True Prohibitions DA(SPS) for prohibited development possible in limited circumstances = better than the SEQRP, VMA etc Otherwise no compensation Will be more DA SPS applications – need to monitor these prohibitions and scheme changes

8. Standard Scheme Provisions Will include prohibitions that planning schemes can impose Mandatory and non mandatory provisions Aiming at consistency E.g. layout, definitions, zones, overlays, infr planning, codes

9. Missed Referrals Applicant gives notice No lapse IDAS does not stop Decision stage delayed until the referral is done

10. Deemed approvals Only code assessable applications (some exceptions) Applicant gives a deemed approval notice once decision making period has passed and before decision made (not before decision notice given) Deemed to be approved

11. Deemed approvals AM can set conditions, or failing that, standard conditions apply (made by the Minister)

12. Deemed approvals Councils will focus on these types of code assessable applications More refusals? Neglect of Impact assessable applications = more deemed refusal appeals?

13. Properly made application notices AM must give a notice stating the reasons why it is not a pma and the actions required to make it a pma AM must do this within 10 business days of the application being submitted Applicant takes the action within 20 business days (or longer if agreed)

14. Properly made application notices Applications will progress faster No penalty on the AM for delay in giving the notice? Reduce the number of Originating Applications to the Court due to Council inaction

15. Changing an Application Minor change = no need to revert to an earlier IDAS stage (regulation to prescribe) Correct a mistake in name, address, property details Change of applicant Not a “substantially different development” (+ no new referrals, no change to the type of DA and does not become impact assessable)

17. No new referrals

18. Does not become impact assessable

19. Would not trigger a new submission

21. Reviving lapsed applications Delay in the information response Delay in starting public notice Delay in giving the notice of compliance

22. Reviving lapsed applications Giving notice of intention to revive application (5 business days) Then take the action within 5 business days (or longer if agreed) Buy yourself 2 weeks

23. The Building and Development Dispute Resolution Committees (BDC) Choice of PEC or BDC Declaration about whether it is a properly made application Not available for an issue about owner’s consent or resource allocation

24. The Building and Development Dispute Resolution Committees (BDC) Declaration about acknowledgement notices for prescribed buildings Class 1 and class 10 Declarations about changes to an application for a prescribed building

25. The Building and Development Dispute Resolution Committees (BDC) Appeals about DA for an mcu for a prescribed building Not available if impact AND a properly made submission lodged Conditions appeal for a DA for a class 2 building (max 3 storeys and 60 units)

26. The Building and Development Dispute Resolution Committees (BDC) Fast track proceedings No lawyers Pay own costs

27. DA SPS Changes Request for application of SPS 1 year (not 2 years) Form + fee + description (or the application) Easier to do? Then lodge the application within 6 months

28. DA SPS Changes Can apply for prohibited development under the changed provisions No compensation where mandatory part of the standard planning scheme provisions Transitional provisions – 2 year period remains for changes prior to the SPA taking effect

29. E-IDAS Submission of material – cost saving? Submissions (objections) Easier to prove what was submitted and who did what when = cost savings

30. Entry Powers E.g. - development approval requires infrastructure on land or drainage over land Reasonable measures taken to obtain the owner’s consent Action is necessary for the development to proceed (care with wording on plans and of conditions) Council can take land under Acq of L Act for private development

31. Changing over - transitional provisions Undecided applications under IPA continue under IPA IPA approvals become SPA approvals DA SPS rules – transitioning of the 2 year window

32. Issues not Yet Addressed DA SPS and 3.1.6 applications What the further prohibitions will be What will the standard planning scheme provisions be (and the mandatory provisions = no compensation)

33. Conclusions An amended IPA, not a new Act Some interesting amendments Some issues not deal with